How long can you file a personal injury lawsuit after the injury?
Asked in Atlanta, GA on November 22, 2024 Last answered on March 5, 2026I was in a car accident six months ago, and my medical bills are piling up. Can I still sue, or is it too late? I have been undergoing physical therapy with injuries taking longer than expected and have not been able to return to work.
3 answers
The statute of limitations in Georgia for a claim for injuries from a car collision is generally two years from the date of the collision. If you have been treating for 6 months, you still have time to make a demand on the insurance company for the negligent driver and to file a personal injury lawsuit. Your medical bills, the wages you have lost from taking time off work, and the pain and suffering you are going through are all elements of the damages that you are entitled to recover as the victim of someone else’s negligence.
You should have someone representing you and your interests as soon as possible. The insurance company has already had someone start investigating the collision – perhaps you have been contacted about giving a recorded statement? If you haven’t already given a recorded statement, don’t! And, definitely do not sign any authorizations which allow the opposing insurance company to have access to your personal medical and employment records. You should first speak to an attorney who handles personal injury cases and who will look out for your interests.
Georgia law provides that you have two years from the date of injury to file a lawsuit. If you do not file on or before the two-year anniversary of your injury, your claim will be forever barred by the statute of limitations. There are exceptions to this rule that can—under certain circumstances—extend the deadline for filing; however, because your injury occurred only six months ago, I won’t delve into those now.
Although the statute of limitations will not expire on your case for another 18 months, understanding you continue to receive treatment for your injuries and that you have not been able to return to work, you should not delay hiring a lawyer to assist you with your claims. This is an important step, not just in preserving your claims and ensuring that you have the ability to obtain appropriate compensation for your injuries, but also because with the passage of time, evidence disappears and memories fade, which can result in losing the opportunity to preserve key information that could significantly impact your
Typically 2 yrs from the date of the accident. There are some exceptions.
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